Children's Rights, Voices, and Children's Rights, Voices, and Protection:Protection: CrossCross--National PolicyNational Policy

Frameworks and Stories from KenyaFrameworks and Stories from Kenya

Beth Blue Swadener, Arizona State UniversityBeth Blue Swadener, Arizona State University&&

Mercy Musomi, Girl Child NetworkMercy Musomi, Girl Child Network--KenyaKenya

Themes in our workThemes in our work……

•• BethBeth -- Linking global discourses and neoliberal policies Linking global discourses and neoliberal policies to local experiences of children, families and diverse to local experiences of children, families and diverse communitiescommunities

•• ChildrenChildren’’s rights, voices and participation in crosss rights, voices and participation in cross--national contexts national contexts

•• MercyMercy –– Founder/leader of NGOs in Kenya dedicated Founder/leader of NGOs in Kenya dedicated to childrento children’’s rights, protection, and issues facing the girl s rights, protection, and issues facing the girl childchild

Framing questionsFraming questions……

What does it mean to reframe social policy and early childhood research in terms of children’s rights?

How do national and local discourses and practices reflect How do national and local discourses and practices reflect assumptions and priorities concerning childrenassumptions and priorities concerning children’’s s citizenship, voice and participation?citizenship, voice and participation?

What are specific policy initiatives in Kenya and other What are specific policy initiatives in Kenya and other nations that might inform our work as advocates for nations that might inform our work as advocates for and allies with children? and allies with children?

More questionsMore questions……

What can be learned from Kenyan legislative and What can be learned from Kenyan legislative and advocacy frameworks that relate to violence advocacy frameworks that relate to violence against children?against children?

What roles have been played by advocacy groups What roles have been played by advocacy groups (NGOs) including the Girl Child Network?(NGOs) including the Girl Child Network?

Stories of Children & Youth in KenyaStories of Children & Youth in Kenya

Impacts of HIV/AIDS Impacts of HIV/AIDS –– two two million orphans million orphans

““Ghost villages,Ghost villages,”” with only with only elderly and young childrenelderly and young children

Impact of predatory capitalism, Impact of predatory capitalism, as reflected in World Bank, as reflected in World Bank, IMF and other policies, IMF and other policies, limiting funds for health, limiting funds for health, human services and human services and education education

Privatization and globalization Privatization and globalization with a human facewith a human face……

Refugee storiesRefugee stories

Impacts of war and forced Impacts of war and forced migration on childrenmigration on children

Dislocation, separation Dislocation, separation from family, conditions from family, conditions in refugee campsin refugee camps

Over 600,000 internally Over 600,000 internally displaced persons in displaced persons in postpost--election violenceelection violence

Girl Child Network Girl Child Network -- KenyaKenya

Mercy observed thatMercy observed that……After several initiatives and free After several initiatives and free

primary school policies, still primary school policies, still fewer girls in schoolfewer girls in school……

Due in part to lack of feminine Due in part to lack of feminine products and supportive products and supportive environmentenvironment

Many girls missing 4Many girls missing 4--7 days of 7 days of school each monthschool each month

Importance of grassroots mobilization for Importance of grassroots mobilization for childrenchildren’’s rights and wells rights and well--beingbeing……

ChildrenChildren’’s Legislation in Kenyas Legislation in Kenya

•• The ChildrenThe Children’’s Act (2001)s Act (2001)•• The Sexual Offenses Act (2006) The Sexual Offenses Act (2006) •• The Gender Policy in Education (2007)The Gender Policy in Education (2007)•• The Disability Act (2006)The Disability Act (2006)•• The Refugee Act The Refugee Act

ChildrenChildren’’s Rights as Citizenship Deferreds Rights as Citizenship Deferred

Roles of childrenRoles of children’’s rights in nation building s rights in nation building –– examples examples from Uganda (Cheney, 2007)from Uganda (Cheney, 2007)

Emphasis on childrenEmphasis on children’’s rights and voices scripted by s rights and voices scripted by UNICEF and other international donor agenciesUNICEF and other international donor agencies

Children become Children become ““central trope in discourse of national central trope in discourse of national developmentdevelopment””

Problematizing Western formulas for childrenProblematizing Western formulas for children’’s rights for s rights for emphasis on individualism while promoting childrenemphasis on individualism while promoting children’’s s wellwell--being and voice. being and voice.

ChildrenChildren’’s Rights as Cultural Contradictions Rights as Cultural Contradiction

Individualistic versus collective interpretations of Individualistic versus collective interpretations of childrenchildren’’s rights s rights

Examples of indigenous epistemologies and Examples of indigenous epistemologies and cultural assumptions regarding formal education, cultural assumptions regarding formal education, the nature of work, community rights, etc.the nature of work, community rights, etc.

Western focus on Western focus on ““agency, autonomy and the agency, autonomy and the rational subjectrational subject”” (A(A’’Beckett, 2007)Beckett, 2007)

Rights as a Rights as a ““tool versus an icontool versus an icon”” (Dahlberg & Moss, (Dahlberg & Moss, 2005) 2005)

Balancing existential & instrumental Balancing existential & instrumental discourses in child advocacydiscourses in child advocacy

Existential impacts of global capitalism and Existential impacts of global capitalism and neoliberal policies on children neoliberal policies on children

Material and social circumstances must be Material and social circumstances must be understood in context of concrete daily realitiesunderstood in context of concrete daily realities

Children must be seen Children must be seen ““as agents, each with a life to live, as agents, each with a life to live, deserving of both respect and resourcesdeserving of both respect and resources””

(Nussbaum, 2000) (Nussbaum, 2000)

How can we transform our relationships with How can we transform our relationships with

children to create greater reciprocity and respect?children to create greater reciprocity and respect?

““African African –– and other children at the margins and other children at the margins –– are are typically depicted as victims typically depicted as victims –– of famine, war, bad of famine, war, bad governance, and oppressiongovernance, and oppression……

Yet, they are also powerful! Yet, they are also powerful! They are courageous! They are courageous! They are spiritual!They are spiritual!They are creative and resilient in the face of many difficult They are creative and resilient in the face of many difficult

circumstances. circumstances. They deserve our respectThey deserve our respect..””

-- John NJohn N’’gasike (2007) gasike (2007)

Launch of the Sanitary Towels Campaign

Background informationBackground information

•• Kenya is a party to the United Nations Convention on the Rights Kenya is a party to the United Nations Convention on the Rights of the Child (UNCRC), as well as the African Charter on the of the Child (UNCRC), as well as the African Charter on the Rights and Welfare of the Child (ACRWC). Rights and Welfare of the Child (ACRWC).

•• Since this ratification, Kenya has been under obligation to put Since this ratification, Kenya has been under obligation to put in in place policies, statutes and structures that would give effect tplace policies, statutes and structures that would give effect to o the provisions in these instruments and consequently enable the provisions in these instruments and consequently enable child protection in Kenya. child protection in Kenya.

•• Efforts by the Civil Society and Government to come up with Efforts by the Civil Society and Government to come up with legal frameworks and policies to deal with issues of children halegal frameworks and policies to deal with issues of children have ve yielded a number of statutes and policies at different stages ofyielded a number of statutes and policies at different stages ofdevelopment. development.

•• Three instruments enacted in Kenya Three instruments enacted in Kenya since the ratification of the since the ratification of the International instruments: The International instruments: The ChildrenChildren’’s Act, The Sexual Offences s Act, The Sexual Offences Act and The Gender Policy in Act and The Gender Policy in Education. Education.

•• Civil Society and GCN have been at Civil Society and GCN have been at the forefront of all efforts towards the forefront of all efforts towards drafting, enacting, lobbying, and drafting, enacting, lobbying, and eventual passing of the Acts and eventual passing of the Acts and policies. policies.

•• All efforts are now geared towards the All efforts are now geared towards the effective implementation of the effective implementation of the instruments in order to ensure that instruments in order to ensure that childrenchildren’’s rights are observed in all s rights are observed in all spheres of society. spheres of society.

The ChildrenThe Children’’s Acts Act•• The ChildrenThe Children’’s Act 2001 (Cap 586 Laws of Kenya) is the first comprehensive s Act 2001 (Cap 586 Laws of Kenya) is the first comprehensive

law regarding children in Kenya. law regarding children in Kenya. •• Before 2001, laws and provisions dealing with children were scatBefore 2001, laws and provisions dealing with children were scattered in a tered in a

myriad of statutes, none of which comprehensively dealt with issmyriad of statutes, none of which comprehensively dealt with issues affecting ues affecting children, and/or took into account new realities of the situatiochildren, and/or took into account new realities of the situation of children in n of children in Kenya. Kenya.

•• Organizations such as GCN who dealt with children found it increOrganizations such as GCN who dealt with children found it increasingly asingly difficult to access justice for children and further found that difficult to access justice for children and further found that some of the some of the injustices that were increasingly being visited on children wereinjustices that were increasingly being visited on children were not even not even criminalized. criminalized.

•• The need for a statute that focused specifically on children wasThe need for a statute that focused specifically on children was indispensable. indispensable. Girls were especially found to be at a disadvantage. Girls were especially found to be at a disadvantage.

SPECIFIC LEGISLATION/ INSTRUMENTS, CSO SPECIFIC LEGISLATION/ INSTRUMENTS, CSO INTERVENTIONS AND GCNINTERVENTIONS AND GCN’’S INPUTS INPUT

•• The ChildrenThe Children’’s Act makes s Act makes specific protection of children specific protection of children against abuse. It further against abuse. It further guarantees every child protection guarantees every child protection from physical and psychological from physical and psychological abuse, neglect and any other form abuse, neglect and any other form of exploitation including sale, of exploitation including sale, trafficking and abduction.trafficking and abduction.

•• Section 18(2) of this important Section 18(2) of this important legislation outlaws torture, cruel legislation outlaws torture, cruel treatment or punishment, and treatment or punishment, and unlawful arrest or deprivation of unlawful arrest or deprivation of liberty where children are liberty where children are concernedconcerned. .

•• The implementation of the The implementation of the diversion program, an diversion program, an important component of important component of Juvenile Justice, was Juvenile Justice, was hampered by the fact that it hampered by the fact that it lacked a basis in law. lacked a basis in law.

•• Efforts are underway to lobby Efforts are underway to lobby the new parliamentarians to the new parliamentarians to support inclusion of diversion support inclusion of diversion program in the Childrenprogram in the Children’’s s Act. Act.

•• GCN has since been actively GCN has since been actively involved in popularizing and involved in popularizing and ensuring usage of the Act. ensuring usage of the Act.

•• GCN has been able to find an effective avenue for this GCN has been able to find an effective avenue for this through the Paralegal Program, which is a program that through the Paralegal Program, which is a program that is geared towards ensuring communityis geared towards ensuring community’’s access to s access to justice. justice.

•• Consequently, paralegals, Community Based Consequently, paralegals, Community Based Organizations (CBOOrganizations (CBO’’S) on the ground and S) on the ground and communities are now largely aware of the existence and communities are now largely aware of the existence and importance of the Childrenimportance of the Children’’s Act and its provisions. s Act and its provisions.

The Sexual Offences ActThe Sexual Offences Act

•• The Sexual Offences Act 2006 is an Act of Parliament that The Sexual Offences Act 2006 is an Act of Parliament that makes provision on sexual offences, their definition and the makes provision on sexual offences, their definition and the protection of all persons from harm and unlawful sexual acts. protection of all persons from harm and unlawful sexual acts.

•• Sexual violations targeted at children continue to be a common Sexual violations targeted at children continue to be a common occurrence in Kenya, and a major cause of human rights occurrence in Kenya, and a major cause of human rights violation. violation.

•• Studies reveal that sexual violence is the most reported and Studies reveal that sexual violence is the most reported and worsening form of violence affecting children currently. worsening form of violence affecting children currently.

•• Imperative researches and analysis by various organizations haveImperative researches and analysis by various organizations haveshown that most people who abuse children are adults. shown that most people who abuse children are adults.

•• It is grave to note that the most common perpetrators of It is grave to note that the most common perpetrators of violence against children are their primary caregivers; parents,violence against children are their primary caregivers; parents,teachers and close relatives forming the largest group. teachers and close relatives forming the largest group.

•• Challenge is to educate Challenge is to educate citizenry on the Sexual citizenry on the Sexual Offences Act. GCN has Offences Act. GCN has taken a lead role and taken a lead role and developed a Simplified developed a Simplified Popular version of the Act, Popular version of the Act, for dissemination and for dissemination and distribution among its distribution among its members, paralegals, and members, paralegals, and within communities. within communities.

•• This has fostered incisive This has fostered incisive discussions around sexual discussions around sexual violence within the context violence within the context of particular communities. of particular communities.

The Gender in Education Policy (2007)The Gender in Education Policy (2007)

The four main thematic areas stipulated in the policy The four main thematic areas stipulated in the policy are:are:

•• Gender Responsive Management of the Sexual Gender Responsive Management of the Sexual Maturation Process. Maturation Process.

•• Gender Responsive learning and work Gender Responsive learning and work environmentsenvironments

•• Gender Based Violence and Sexual HarassmentGender Based Violence and Sexual Harassment•• Gender Appropriate Curriculum and pedagogy Gender Appropriate Curriculum and pedagogy

Girls Friendly LatrinesGirls Friendly Latrines

•• Advocacy with partners Advocacy with partners to ensure the to ensure the MoEMoEadopts the concept of adopts the concept of girl friendly latrines ( girl friendly latrines ( Latrines plus a changing Latrines plus a changing room for menstruating room for menstruating girls)girls)

•• Distribution of sanitary Distribution of sanitary towels to 600,000 girls towels to 600,000 girls annually (supported by annually (supported by Irish Aid through Irish Aid through AidLinkAidLink))

Girls in a training on Sexual Maturation and hygienic management of sexual maturation

Karibu Kenya!